Tag: arbitration agreement
Imposition of exorbitant interest in contemporary commercial practices not against the fundamental policy of Indian Law, or against the morality or justice In a recent judgment, the Hon’ble Supreme Court has held that it cannot be said that the imposition of an exorbitant interest in the background of …
Mere repetitive use of the word “Arbitration” in agreement without any substantive part relating to arbitration is not a valid arbitration agreement – Supreme Court In a recent judgment, the Hon’ble Supreme Court Mere use of the word “Arbitration” in the title of the clause without any corresponding …
No claim for compound interest could be made in an arbitral award where MoU between the parties did not stipulate compounding of interest. In a recent judgment, the Hon’ble Supreme Court has held that no claim for compound interest could be made in an arbitral award where MoU …
Permitting non signatory to remain present in the arbitration proceedings is beyond the scope of Section 11(6) of the Arbitration and Conciliation Act, 1996 In a recent judgment, Hon’ble Supreme Court has held that permitting non signatory / stranger to remain present in the arbitration proceedings before the …
Seat of arbitration outside India – Supreme Courts important judgment on application of New York Convention and foreign award under Part II of the Arbitration and Conciliation Act, 1996 ABCAUS Case Law CitationABCAUS 3489 (2021) (04) SC Important case law relied referred:Mankastu Impex (P) Ltd. v. Airvisual Ltd., …
Rejection of counter claim by Arbitrator for CENVAT invoices at threshold without enquiry on the ground that the Arbitrator had no jurisdiction was not proper Rejection of counter claim by arbitrator at threshold without enquiry ABCAUS Case Law Citation:ABCAUS 3177 (2019) (10) SC Important case law relied upon …
High Court was not justified in appointing independent arbitrator without resorting to procedure for appointment of arbitrator under the contract as agreed by the parties.- SC ABCAUS Case Law Citation:ABCAUS 2851 (2019) (03) SC Important Case Laws Cited/relied upon by the parties National Insurance Company Limited Vs. Boghara Polyfab Private Limited caseUnion of India & Another Vs. M.P. Gupta In …
Courts power confined to examine arbitration agreement existence only after amendments to the Arbitration and Conciliation Act 1996-Delhi High Court. ABCAUS Case Law Citation: 1039 (2016) (10) HC Important Case Law Referred: Radhakrishnan v. M/s. Maestro Engineers & Ors. (2009) (13) SCALE 403 Brief Facts of the Case: …
